Test Identification Parade | Civil Law for Judiciary Exams PDF Download

Test Identification Parade

• A test identification parade serves as a crucial procedure in criminal investigations aimed at identifying the accused individual in a legal setting.
• During this process, witnesses are pivotal as they are tasked with correctly identifying the accused from a lineup of individuals presented during the parade.
• The primary objective is to evaluate the witness's ability to accurately pinpoint the accused from a group of people, thereby establishing the witness's credibility in identifying an unfamiliar person in connection to the crime.
• Law enforcement authorities commonly utilize this method to validate the witness's reliability, particularly in situations where the witness has had no prior interaction with the accused apart from the crime scene.

Importance of Test Identification Parade

• Crucial in criminal cases to confirm the identity of the perpetrator.
• Helps assess the witness's ability to identify the accused accurately.
• Establishes the credibility of witness testimony in court.
• Used by law enforcement to verify witness reliability, especially in cases where the witness has limited exposure to the accused.

Procedure of Test Identification Parade

• Witnesses are presented with a group of individuals, including the accused, to identify the perpetrator.
• Witnesses are expected to select the accused without external aid.
• This process helps in determining the reliability of witness identification.
• Authorities rely on this method to corroborate witness testimonies in legal proceedings.

Purpose of Test Identification Parade

• Identification parades are conducted by the police during criminal investigations to help witnesses identify either the items central to the crime or the individuals involved.
• These parades aim to confirm if a specific person, previously unfamiliar to the witnesses, might have participated in the crime or if a specific object is connected to the offense.
• They also serve to provide additional evidence that reinforces the testimony given by the witness in a court of law.
• Moreover, identification parades benefit the accused by reducing the risk of false accusations.

Law Governing the Test Identification Parade

• Section 9 of the Indian Evidence Act, 1872 and Section 54A of the Code of Criminal Procedure, 1973, outline the regulations concerning the Test Identification Parade.
• According to Section 9 of the Evidence Act, the identification of the correct accused and related properties can be presented as relevant facts in court. However, participation in the parade is not compulsory for the accused, granting them the right to refuse involvement.
• Section 54A of the Code of Criminal Procedure, 1973 addresses situations where the identification of an accused by a witness is necessary for investigating an offense. In such cases, the court may require the arrested accused to undergo identification as requested by the police.
• During the test identification process conducted by the police, the constraints of Sections 161 and 162 of the Criminal Procedure Code (Cr.P.C) must be adhered to. These sections establish that identifying through bodily gestures is akin to providing statements to the police. However, this restriction is lifted if a Magistrate oversees the identification proceedings.

When Test Identification is Necessary?

• Test Identification becomes vital in scenarios where the victim or witness had no prior acquaintance with the accused before the incident. In such instances, a Test Identification Parade aids in identifying the perpetrator.

When Test Identification is Unnecessary?

• Test identification might not be required if the witnesses are already familiar with the accused individual.
• In cases where the accused person is well-known to the witnesses, a formal identification parade may not be needed.
• It's important to understand that the necessity of Test Identification Parades can vary depending on the specifics of each case.

Evidentiary Value of Test Identification Parade

• The significance of Test Identification in legal proceedings is limited, mainly serving as a preliminary identification before the trial.
• Under Section 9 of the Indian Evidence Act, evidence from a Test Identification Parade is permissible but only to support substantive evidence provided by witnesses during the trial.
• Test Identification Parade outcomes are not independently valuable; the crucial identification and testimony occur in the courtroom setting.
• Legal cases like Sampat TatyadaShinde vs State of Maharashtra(AIR 1974 SC 791) and guidelines from the Hon'ble Calcutta High Court in Harbal Sheikh vs State(1991 Cr.L.J. 1258(1263)) reinforce the supporting role of Test Identification Parades.

Practical Steps for Conducting Test Identification Parades

• Verify Jurisdiction: Begin by confirming if there are any official agreements or directives from the District Court regarding the authority to conduct a test identification parade at the specific Police Station.
• Issue Summons: Send official notices to the witnesses, requesting their presence at the test identification parade.
• Coordinate with Jail Authorities: Communicate with the jail authorities to make arrangements for the test identification parade, including the secure handling of the suspects.
• Seek Permission: Request authorization from the Additional District Judge to conduct the test identification parade and depart from headquarters for this purpose.
• Sec.161 Cr.P.C Statements: Emphasize the submission of Section 161 Cr.P.C statements from the investigating officer along with a formal request for the test identification parade.
• Gather Personnel: If available, bring a stenographer with a typewriter and an assistant to aid in the proceedings.
• Record Statements: Document the statements of the witnesses separately at the jail, as well as the statements of the suspects.
• Select Participants: Opt for non-suspects to be part of the lineup in addition to the suspects.
• Choose a Suitable Location: Pick a suitable venue with ample space to keep the identifying witness separate from others present.
• Remove Unnecessary Personnel: Dismiss jail staff or any extra police officers not directly involved in the process.
• Consider Distinguishing Features: If there are standout characteristics among the suspects, choose non-suspects with similar features.
• Suspects’ Choice: Inform the suspects that they can select their positions within the lineup and alter their positions or attire if desired. Document any changes promptly.
• Documentation: Type up the proceedings at the jail itself for proper record-keeping.
• Transmit Records to Court: After concluding the test identification parade, send the records to the relevant court for further legal procedures.

These steps are vital to ensure the accurate and lawful conduct of a Test Identification Parade. Maintaining meticulous documentation and adherence to established protocols are critical to upholding the integrity of the identification process within a legal framework.

Precautions to be Taken While Conducting Test Identification

• Special Peculiarities: Test identification parades need careful handling when the individual being identified possesses unique characteristics that distinguish them from others in the lineup. To maintain the integrity of the process, magistrates overseeing the parade should ensure that any distinguishing marks or features on the accused are concealed. It is crucial to mix the accused with others who share similar characteristics to prevent any bias or unfair advantage. Neglecting these precautions can cast doubt on the validity of the identification evidence.
• Test Identification Parade for Properties: When conducting test identification parades for properties, it is important to adhere to specific guidelines. As per Rule 35 of A.P. Criminal Rules of Practice, these parades should take place in the presence of a magistrate in the location where the properties are stored.
• Use of Statements during Test Identification Parade: Statements provided by witnesses during test identification parades, conducted under Section 164 of the Cr.P.C., hold no substantial value on their own. They can only be used to support (under Section 157) or challenge (under Sections 145 and 155) the Indian Evidence Act.
• Omission to State Description of Culprits in FIR: If the First Information Report (FIR) lacks descriptions of the culprits, the effectiveness of test identification may be compromised. In such instances, the accuracy and trustworthiness of the identification parade can be questioned.
• Delay: It is crucial to conduct the identification process promptly. Providing an early opportunity for witnesses to identify the accused helps prevent memory decay due to prolonged intervals. This timely approach enhances the credibility and accuracy of the identification process.

Exception for Test Identification Parade

When Test Identification Parades Might Not Be Needed

• In certain cases, Test Identification Parades may not be essential.

Legal Precedents from the Supreme Court of India

• In the case of State of H.P. v. Prem Chand: The Supreme Court stated that a formal test identification parade is not mandatory if the witness already knows the accused and can identify them in court.
• In Ramesh Kumar v. State of Punjab: The court reiterated that a test identification parade is unnecessary when the witness is already familiar with and can identify the accused during the trial proceedings.
• In State of A.P. v. V.K. Venkata Reddy: The Supreme Court emphasized that a witness's testimony in court is crucial, and the test identification parade mainly serves to confirm the identification made during the trial.
• In Dana Yadav v. State of Bihar: The court reiterated that the primary purpose of a test identification parade is to support the identification of the accused during trial proceedings, providing corroboration for the court identification.

Key Landmark Judgments on Test Identification Parade

• Ruling in Hare Kishan Singh v. State of Bihar: According to the Supreme Court's decision in this case, if a witness fails to identify the accused during a Test Identification Parade, the subsequent court identification of the accused by the same witness can be deemed unreliable. In such situations, the court identification may not hold weight, potentially weakening the prosecution's case.
• Decision in Kishore Prabhakar Sawant v. State of Maharashtra: The Supreme Court's ruling in this instance states that if the accused is caught red-handed at the scene of the crime, a Test Identification Parade is unnecessary. The circumstances of the arrest alone can provide substantial evidence.
• Judgment in Kiwan Prakash Pandurang Mokash v. State of Maharashtra: As per the Supreme Court's decision in this case, if the accused refuses to participate in a Test Identification Parade, Section 54A of the Criminal Procedure Code, 1973 allows for an adverse inference of guilt to be drawn against the accused.
• Ruling in Suraj Pal Singh v. State of Haryana: The Supreme Court clarified that an accused individual cannot be compelled to undergo a Test Identification Parade. Should the accused opt out of participating in the parade, they do so at their own risk.
• Emphasis in State of Maharashtra v. Suresh: In this case, the Supreme Court highlighted that Test Identification Parades primarily serve investigative purposes rather than being solely for court proceedings. These parades function as a valuable tool in establishing the identity of the accused.
• Significance of the Judgments: These rulings offer crucial insights into various facets of Test Identification Parades, addressing their reliability, necessity, and the implications of an accused individual's decision to participate or abstain from the process. They significantly contribute to the legal framework and comprehension of test identification parades in the context of Indian jurisprudence.

Conclusion

• In conclusion, a Test Identification Parade stands as a significant legal procedure designed to validate the accuracy of a witness's identification of a suspect in a criminal investigation. This process involves presenting a group of individuals, including the accused, to the witness, who is then asked to identify the person they believe to be the perpetrator.
• Conducted under the supervision of a magistrate, Test Identification Parades are a tool employed by law enforcement to assess whether a witness can accurately identify the accused without external influence. While the witness's identification during this procedure may serve to corroborate their testimony in court, it is essential to note that such identification is not considered substantive evidence on its own. The procedure aims to enhance the reliability of witness identifications and contribute to the fair and just administration of criminal justice.